1. About This Agreement

These Terms and Conditions ("Terms") govern your access to and use of this website (the "Site"), operated by David Kanefsky Insurance Agency & Brokerage ("the Agency," "we," "us," or "our"), a licensed insurance producer affiliated with Farmers Insurance and operating in Colorado and other states where licensed. The Agency offers insurance solutions for consumers across the continental United States and for international consumers with applicable U.S.-based insurance interests; products and services are available only in jurisdictions where the Agency and/or its insurance carrier partners hold the applicable licenses. By accessing this Site, requesting a quote, or submitting any form on this Site, you agree to be bound by these Terms. If you do not agree, please do not use this Site.

2. Our Role

The Agency is an insurance producer/broker. We are not an insurance carrier, and we do not underwrite, issue, or guarantee insurance policies. Any insurance coverage is subject to the application, underwriting approval, terms, conditions, and exclusions of the applicable licensed insurance carrier.

3. Quotes Are Not a Binding Offer of Coverage

Any quote, estimate, or information provided through this Site is preliminary and for informational purposes only. It does not constitute a binding offer, contract, or guarantee of insurance coverage. Coverage is bound and becomes effective only upon (a) formal application, (b) underwriting review and approval by the applicable carrier, and (c) issuance of a policy or other written confirmation of coverage by that carrier.

4. Accuracy of the Information You Provide

You agree to provide true, accurate, current, and complete information in any form you submit through this Site. Inaccurate, incomplete, or outdated information may affect your eligibility for coverage, your premium, or a carrier's evaluation of a claim.

5. Authorization to Obtain Consumer Reports and Underwriting Information

By submitting a quote request or otherwise providing your personal information through this Site, you authorize the Agency and/or its carrier partners to request and obtain information relevant to quoting, rating, and underwriting your request, including but not limited to:

• Soft credit inquiries. A soft credit inquiry is a standard part of quoting most personal lines insurance products. A soft inquiry does not affect your credit score.
• Motor vehicle records (MVR). For auto, motorcycle, RV, boat, and similar policies, we and/or the carrier may obtain your driving record from the applicable state Department of Motor Vehicles or equivalent agency.
• CLUE (Comprehensive Loss Underwriting Exchange) reports and other claims-history databases, which disclose prior insurance claims associated with you and/or the property or vehicle being insured.
• Other consumer reports — including prior insurance verification, public records, and property inspection reports — to the extent permitted by law and reasonably necessary for underwriting.

These reports are requested and used in accordance with the federal Fair Credit Reporting Act (FCRA), as amended by the Fair and Accurate Credit Transactions Act (FACTA), the Gramm-Leach-Bliley Act (GLBA), and applicable state law. If adverse action is taken based wholly or partly on information contained in a consumer report, you have the right to be notified of that action, to obtain a free copy of the report from the reporting agency, and to dispute the accuracy of that information directly with the reporting agency. See our Privacy Policy for more detail.

6. Marketing Communications & CAN-SPAM Compliance

We only send marketing emails to individuals who have affirmatively opted in. Every marketing email we send complies with the federal CAN-SPAM Act, including a clear and conspicuous way to unsubscribe, prompt honoring of opt-out requests, and accurate sender and subject-line information. We do not sell or transfer your email address to third parties for their own independent marketing use. You may unsubscribe at any time using the link in any marketing email, or by contacting us directly.

7. Website Use & Intellectual Property

This Site and its content — including text, graphics, logos, and design — are owned by or licensed to the Agency and are protected by applicable intellectual property laws. You may view and use this Site for your own personal, non-commercial purpose of evaluating or requesting insurance services. You may not copy, reproduce, republish, or use the content of this Site for any commercial purpose without our prior written consent.

8. No Warranty

This Site and its content are provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that this Site will be uninterrupted, error-free, or secure.

9. Limitation of Liability & Hold Harmless

To the fullest extent permitted by applicable Colorado law:

• The Agency, its owners, employees, and agents will not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of this Site or the services offered through it.
• You agree to indemnify, defend, and hold harmless the Agency, its owners, employees, and agents from and against any claims, damages, losses, liabilities, and reasonable expenses (including attorneys' fees) arising out of or relating to (a) your breach of these Terms, (b) your submission of inaccurate or incomplete information, or (c) your misuse of this Site.
• Nothing in this section limits any liability that cannot lawfully be excluded or limited, including liability arising from the Agency's own gross negligence, willful misconduct, or violation of applicable insurance regulations.

10. Dispute Resolution & Agreement to Mediate

The Agency and you agree to act in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms, your use of this Site, or the services the Agency provides (a "Dispute"), through the following process, before either party initiates a lawsuit:

• Direct negotiation. The parties will first attempt to resolve any Dispute through direct, good-faith discussion.
• Mediation. If a Dispute is not resolved through direct negotiation within 30 days, the parties agree to submit the Dispute to non-binding mediation with a mutually agreed mediator (or, absent agreement, a mediator selected under the rules of the American Arbitration Association or JAMS) before either party files a lawsuit. The parties will share the cost of mediation equally, unless otherwise required by law.
• Scope of this provision. To the extent enforceable under applicable law, you agree that, before filing a lawsuit against the Agency relating to a Dispute, you will first complete the mediation process above. This provision does not, and is not intended to, waive any right that cannot lawfully be waived — including your right to file a complaint with the Colorado Division of Insurance or another applicable regulator.
• Individual basis. To the extent permitted by law, Disputes will be resolved on an individual basis, and you agree not to bring or participate in a class, collective, or representative action against the Agency arising out of a Dispute.

A provision requiring mediation before litigation, and any limitation on the right to sue, must satisfy specific legal requirements to be enforceable, and can be limited or unenforceable in certain circumstances or jurisdictions — particularly in consumer-facing insurance transactions.

11. Governing Law

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-law principles, except to the extent preempted by federal law.

12. Severability

If any provision of these Terms is found unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

13. Changes to These Terms

We may update these Terms from time to time. The effective date at the top of this page reflects the date of the most recent revision. Continued use of this Site after changes are posted constitutes your acceptance of the revised Terms.

14. Contact Us

David Kanefsky Insurance Agency & Brokerage
2806 Speer Blvd, Denver, CO 80211
(303) 431-9490
david@davidkanefskyinsurance.com

1. Scope of This Policy

This Privacy Policy explains how David Kanefsky Insurance Agency & Brokerage ("the Agency," "we," "us," "our") collects, uses, shares, and protects personal information when you visit this website (the "Site") or request a quote or other services from us.

2. Information We Collect

• Identifying information: name, address, phone number, email, date of birth, and Social Security number (only when you choose to provide it, for insurance quoting and underwriting purposes).
• Vehicle information: VIN, year, make, model, and registration details.
• Property information: home address, construction and safety features, and prior claims.
• Financial information: information relevant to underwriting, such as mortgage or lienholder details for homeowners policies.
• Driving history and license information.
• Employment and occupational information relevant to underwriting or discount eligibility.
• Marketing preferences, if you opt in.
• Website usage data (see Section 10).

3. How We Collect Information

• Directly from you, when you complete a form on this Site or communicate with us by phone or email.
• From consumer reporting agencies, including soft credit inquiries, CLUE reports, and motor vehicle records, as described in Section 4.
• From insurance carriers and other third parties involved in providing you a quote or servicing your policy.

4. Soft Credit Inquiries, Motor Vehicle Records & CLUE Reports

As part of preparing an accurate insurance quote, we and/or our carrier partners may:

• Perform a soft credit inquiry, which does not affect your credit score and is a standard part of quoting most personal lines insurance.
• Request your motor vehicle record (MVR) from the applicable state DMV for auto and other vehicle-related policies.
• Request a CLUE (Comprehensive Loss Underwriting Exchange) report or similar claims-history report to review prior insurance claims associated with you, your property, or your vehicle.

By submitting a form on this Site, you acknowledge that this information may be collected and used for quoting and underwriting purposes, consistent with this Policy and our Terms & Conditions.

5. Your Rights Under the Fair Credit Reporting Act (FCRA)

If a consumer report is used and results in adverse action (such as a decline, higher premium, or non-renewal) based in whole or in part on that report, you have the right to:

• Be notified of the adverse action and given the name and contact information of the consumer reporting agency that furnished the report;
• Obtain a free copy of that report from the reporting agency, typically within 60 days of the adverse action notice; and
• Dispute the accuracy or completeness of any information in the report directly with the consumer reporting agency.

Consumer reports are obtained only for permissible purposes under the FCRA, including underwriting insurance at your request.

6. Your Rights Under the Fair and Accurate Credit Transactions Act (FACTA)

The Fair and Accurate Credit Transactions Act (FACT Act), which amends the FCRA, provides you with additional rights and protections, including:

• Free annual credit reports. You are entitled to one free copy of your credit report every 12 months from each of the three nationwide consumer reporting agencies (Equifax, Experian, and TransUnion) through AnnualCreditReport.com or by calling 1-877-322-8228.
• Fraud alerts and security freezes. If you believe you are or may become a victim of identity theft, you have the right to place a fraud alert or security freeze on your credit file by contacting the nationwide consumer reporting agencies.
• Identity theft protections. Victims of identity theft have the right to obtain documents relating to fraudulent transactions and to block fraudulent information from appearing in their consumer reports.
• Secure disposal. We dispose of consumer report information in accordance with the federal Disposal Rule, using methods designed to prevent unauthorized access to or use of that information (see Section 13).

7. Gramm-Leach-Bliley Act (GLBA) Privacy Notice

As an insurance agency, we are a "financial institution" for purposes of the federal Gramm-Leach-Bliley Act (GLBA) and applicable Colorado insurance privacy regulations. This section, together with the rest of this Policy, serves as our privacy notice describing our practices with respect to your nonpublic personal information — personally identifiable financial information we collect in connection with providing insurance products and services, such as the information described in Section 2.

• Information we collect: We collect nonpublic personal information from you directly (on applications and forms), from your transactions with us and our carrier partners, and from consumer reporting agencies, as described in Sections 2–4.
• Information we disclose: We disclose nonpublic personal information only as permitted by law — to insurance carriers for quoting, underwriting, and servicing your coverage; to service providers who perform functions on our behalf under confidentiality obligations; to consumer reporting agencies; and to regulators or others as required by law.
• No sharing for third-party marketing: We do not sell your nonpublic personal information, and we do not disclose it to nonaffiliated third parties for their own marketing purposes.
• Opt-out: Because we share nonpublic personal information only as permitted under the exceptions in the GLBA and applicable Colorado regulations, no opt-out is required for the disclosures we make. If our practices change in a way that would require an opt-out right, we will notify you and give you a reasonable opportunity to opt out before any such disclosure.
• Former customers: We apply the same privacy protections to the nonpublic personal information of former customers and of consumers who request a quote but do not become customers.
• Safeguards: We maintain administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of your nonpublic personal information, consistent with the GLBA Safeguards Rule (see Section 12).

8. How We Use Your Information

• To prepare and provide insurance quotes.
• To submit applications and service policies with insurance carriers.
• To communicate with you about your quote, application, or policy.
• To send marketing communications, only if you have opted in (see Section 9).
• To comply with legal and regulatory obligations, including those of the Colorado Division of Insurance.
• To maintain and improve this Site and our services.

9. Marketing Communications & CAN-SPAM Compliance

We only send marketing emails to individuals who have affirmatively opted in via a checkbox on one of our forms. Every marketing email we send includes a working one-click unsubscribe link, and we honor unsubscribe requests immediately. We do not sell or rent your email address or other personal information to third parties for their own independent marketing purposes. Our marketing practices are designed to comply with the federal CAN-SPAM Act.

10. Cookies & Website Technology

This Site may use cookies or similar technologies to support basic site functionality and to understand how visitors use the Site. You can control cookies through your browser settings; disabling cookies may affect some Site functionality.

11. How We Share Your Information

We may share your information with:

• The insurance carrier(s) to whom you are applying for coverage;
• Consumer reporting agencies, as described in Section 4;
• Service providers who help us operate our business (for example, website hosting and email delivery), under confidentiality obligations; and
• Regulators, courts, or other parties as required by law or legal process, including the Colorado Division of Insurance.

We do not sell your personal information to third parties.

12. Data Security & Safeguards

We maintain reasonable administrative, technical, and physical safeguards designed to protect your personal information from unauthorized access, use, or disclosure, consistent with the GLBA Safeguards Rule and applicable Colorado insurance regulations. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.

13. Data Retention & Secure Disposal

We retain personal information for as long as necessary to fulfill the purposes described in this Policy, comply with legal and regulatory recordkeeping obligations (including state insurance recordkeeping requirements), and resolve disputes. When personal information — including consumer report information — is no longer needed, we dispose of it securely, using methods such as shredding physical records and permanently erasing electronic records, consistent with the FACTA Disposal Rule.

14. Children's Privacy

This Site is not directed to children under the age of 16, and we do not knowingly collect personal information from children.

15. Your Choices

• You may unsubscribe from marketing emails at any time.
• You may contact us to ask what personal information we hold about you and to request corrections.
• Colorado residents may have additional rights under the Colorado Privacy Act; contact us to make a request.

16. Changes to This Policy

We may update this Privacy Policy from time to time. The effective date at the top of this page reflects the date of the most recent revision.

17. Contact Us

David Kanefsky Insurance Agency & Brokerage
2806 Speer Blvd, Denver, CO 80211
(303) 431-9490
david@davidkanefskyinsurance.com